COUNTY SEAT CONTESTS

The most natural adjunct of an organizing election would be a county seat contest and there is ample evidence that Winneshiek .county was not exempt from the excitement that attends such events.

In the preceding portion of this chapter one reads of Decorah, Moneek and Lewiston as the polling places where voters might register their preferences. These were the only recognized towns within the borders of the territory sought to be organized, but Lewiston seems to have existed in name only. It was located on land owned jointly by Lewis Harkins and Francis Rogers, about one mile north of Old Mission in Washington township, and never progressed beyond the paper stage because of the differences of opinion of its promoters. While it was laid out in due form it may well be considered as never having existed, and subsequently formed a part of the farm of A. R. Young.

Moneek was different. Here the nucleus of a real town had been formed. Moses S. McSwain and Abner DeCou and families were the first settlers, coming in July, 1849. They were joined a year later by John DeCou and wife, Russell Dean, George Blake and their families. These people were all Canadians and they seemed to have had a townsite in their mind's eye from the first. At any rate they were formidable enough in their rivalry to give Decorah some cause for alarm. Although it has long since ceased to exist Moneek still lives in the memory of early settlers and one frequently hears it referred to as a definite locality at the present time.

Perhaps the story of this defunct town is better told in the following condensation of an article printed in the Decorah Republican of March 26, 1875:

"Moneek was situated on the north fork of the Yellow river, on the southwest quarter of section 1 in Bloomfield township. Tremendous hills, well wooded, surrounded it, and it nestled cosily in the valley on the river, on a site that originally must have been charmingly beautiful.

"The pioneer settlers were Moses S. McSwain and Abner DeCou. To these may be added John DeCou, who joined them a year later. All of them were Canadians, but McSwain had resided for a while in Illinois. They had a townsite in their eyes from the commencement. The two arrived at Moneek with

75

PAST AND PRESENT OFWINNESHIEK COUNTY

76

their families in July, 1849, and lived in their tent wagons until a log house 12X16 was built. They commenced the same season to build a saw mill, which was afterwards noted all over the adjacent country as the mill.

"Their nearest neighbors were Joel Post, at Postville, and two families who had 'squatted' on the Military road. These were David Reed, the first County Judge, and a man named Campbell. Besides these, there were the Hawks, and Isaac Callender, over in Frankville. R. Tillotson joined them the same year. He was a millwright, and helped them build the mill. This was completed in July, 1850. In the spring of the latter year Russell Dean and Geo. Blake, with their families-also from Canada-joined the new settlement June 29, 1850. John DeCou * also moved in, he, too, coming from Canada. He found all the four families occupying the one log house, above mentioned, yet it was large enough to receive the fifth family, until another house-the second in the embryo city-could be built.

"The same year Blake went south and Dean west about a mile and a half, and put up log houses on 'claims' of their own.

"In the spring of 1851 the first frame building was built by A. and J. DeCou. This was rented to a man named Johnson, from Illinois, who brought on a stock of goods and became the first merchant. His capital was small, the amount of trade limited, and he soon 'busted.' McSwain bought out his remnants, and sold out the stock. Having neither money nor credit with which to purchase more goods, the mercantile business came to an end for the time being.

"The same year John Duff came along, liked the looks of the settlement, and built a blacksmith shop, which he sold in the fall to Phil Lathrop. The latter united butchering to blacksmithing, and soon after added merchandising. About the same year he built a house, which when completed was opened for the entertainment of man and beast, and the village had a hotel.

"In 1852 George Crawford became a member of the community. He was, likewise, a Canadian, and brought goods, mostly cloths, with him. He was a tailor by trade and did a thriving business, which soon required the aid of a journeyman. He soon added groceries to his stock-dry and 'wet'-and prospered as long as Moneek was in its glory.

"James F. Andrews, a retired Baptist minister, with two sons and their families, became residents in the same year. They added another store. One of the sons was a doctor, and so the town secured the benefit of clergy and medicine by this really large acquisition.

"Louis Boughner, also a Canadian, but of German descent, came along in the same year, opened his kit of tools, and sat down upon his shoemaker's bench. That winter the hamlet began to feel as though it was of sufficient importance to be recognized by the General Government, and postal facilities were demanded. During the winter or following spring these were secured, and Boughner had so far won the confidence of the people that he was chosen to serve as the village Nasby. The office was supported by 'Winneshiek'--a postoffice then situated between Castalia and Postville.

"That year, 1852, saw a large increase to the settlers outside, as well as in Moneek. Among those who came was Col. D. D. Webster, David Duff, Philip

*Judge DeCou died at his home near Ossian early in 1913.

PAST AND PRESENT OF WINNESHIEK COUNTY

77

Husted,* Andrew Stewart and John W. Smith. About that time Dr. Riddle, an Ohioan, settled in Moneek. Dr. A. B. Hanna followed a year or two later, and succeeded Boughner as postmaster, holding the office until it was thrown up.

"In 1853 Geo. W. Esty settled there. He came from New York, and found the village to consist of eight dwellings, one saw mill owned and operated by Abner DeCou, one blacksmith shop, worked by John Duff, Jr. two stores kept by James F. Andrews and George Crawford; a shoe shop and postoffice, managed by Boughner, and two liquor saloons, one kept by George Crawford as an adjunct to his store, and the other by a man named Walker, who enlisted when the war broke out, and died in battle.

"Moneek's decline began in 1855. Judge DeCou saw it coming in 1854, and sold his 160 acre claim adjoining the plat for $1,800. The tax list of 1855 shows that the Moneek merchant's assessment was $800 for four lots; and Abner De Cou's tavern was valued at the same figure. In Decorah, at that time, there were only four assessments of greater amount, and two others only equaled it. The causes for its decline were few and simple. Settlers were thronging into the country, and opening other sections. Post routes and lines of cominunication were being established. Nature was rather against Moneek. It was nestled, away in the valley of the Yellow river, surrounded by mountainous hills, and not easy of access. In the meanwhile, a busy, bustling fellow named Frank Teabout had settled on the ridge, and when the 'state road' was run he was looking after his interests. The line was established on the ridge; Frankville sprang into existence; and ere they knew it the great 'tide of emigration which set in was sweeping by them, along the ridge road, but bringing no grist to be tolled and ground for the benefit of Moneek. Those who were in trade one by one sold out, or abandoned the place; and by the time it was ten years old it was indeed a deserted village. Early in the sixties its postoffice was thrown up."

Early historians have never dwelt with much certainty upon just how the county seat contest was won by Decorah. It was said that the secret was locked in the memory of one man and we have reason to regard this as true. In fact, we know it is truth. That man was the late Claiborn Day, oldest son of Mr. and Mrs. William Day. Long years after the contest he divulged the story to a chosen few of his most intimate and trusted friends, exacting from them a promise that not until after his death was the story to be released. The story of the contest was related by Attorney M. A. Harmon and printed in the Decorah Republican early in 1910, a few weeks subsequent to Mr. Day's death. It is as follows:

"If you examine the written history of Decorah you will find 'An Organizing Act' was passed by the Iowa Legislature on January 15, 1851, approved by the Governor, and became a law; that by the provisions of this law 468,000 acres, bounded on the north by Minnesota; on the east by Allamakee county; on the south by Fayette county and on the west by Howard and Chickasaw counties, constituted Winneshiek county, with John L. Carson as organizing sheriff, directing him to set stakes to points contending for county seats, viz: At or near Louisville, on the Turkey river; at Moneek (then known as McSwain's Mill); and at Decorah on the Upper Iowa river; the election to be held on

*Philip Husted is still living, his home being in Decorah (August 23, 1913).

PAST AND PRESENT OF WINNESHIEK COUNTY

78

the first Monday in April, 1851. Much excitement prevailed in the hamlet of Decorah, then consisting of a few houses. Its future was apparently in danger. The southern part of the county being more thickly settled-emigration having followed the 'Military Road' to a great extent-Decorah with all its natural advantages for a city was nearly off the map, with the chances favoring Moneek as the county seat. Poll books were prepared for the election that had been ordered. At this time Claiborn Day, then about twenty-five years of age, strong, vigorous, energetic and public spirited, with some schooling and a great deal of knowledge of men, their hopes, fears, desires and weaknesses, though not gifted with what was known as the gift of gab, but shrewd, methodical and resourceful ( which was afterward proven), commenced to take part in the proceedings for the location of the county seat at Decorah, in the face of what seemed to be overwhelming odds. When the poll books for the voters of Lewiston and Moneek were ready a messenger was sought to convey them to their respective destinations. Finally at the instance of Mr. Day a grizzled trapper named Wiggins was presented to the organizing sheriff for that purpose, and highly recommended as a trustworthy person. He appeared to be capable to carry the books, and as the roads at that time were not the best, with the attendant dangers of crossing streams, Wiggins was considered a reliable messenger. It. is needless to say he had been royally entertained by the select coterie and his expenses had been provided for his journey, no small amount either. He was admonished by Mr. Day when he had obtained possession of the poll books, that, in crossing a stream, should the books be washed away, he was all right, but if, by any chance, there was a question whether it should be the loss of his horse or the poll books, to be sure and save the horse. With the parting information that if he betrayed the trust reposed in him he was liable to be shot by any resident of Decorah, he started for Moneek and Lewiston.

"In the meantime the organization of the voters and electioneering of settlers in that section of the county went merrily on, the residents promising to support Moneek as a unit. Bright and early the first Monday of April 1851, the settlers about Moneek began to appear for election. Many came from Fayette county, afterward claimed as visitors only. The opposition charged bad faith. Be this as it may, there was much handshaking; old jokes and new were exchanged, and much boasting of the result of election was indulged in, accompanied by the comment generally 'of course Moneek would win,' etc. Time was hardly felt to be passing until eleven o'clock, dinner was thought of and a hustle was made for grub. After dinner the question arose, where were the poll books? Two o'clock, no books had appeared. It occurred to someone, more wise than the rest, that unless they got to voting pretty soon it would be too late. The owners of the townsite of Moneek, residents and voters, were mostly from Canada, and totally unacquainted with our forms of law and procedure. Finally, in their desperation, no poll books having arrived or likely to, an attempt was made to hold an election, but when the returns were made out no one could understand what they were, or who voted, or for what. It has been said of this report, 'You would not know what it was if you met it in the road.' The returning board rightfully threw it out, and Decorah was selected as the county seat. The margin was dangerous, as it was generally expected that Decorah would be beaten.

PAST AND PRESENT OF WINNESHIEK COUNTY

79

"About four o'clock on that same election day in April, 1851, there appeared a grizzled trapper at Fort Atkinson, with a wet, dripping, lame horse, and told a weird tale of how he had lost some poll books while crossing a stream, and nearly lost his life. Had it not been for the exertions of his horse he would have been drowned in the quicksands, and he did not know where the poll books had been washed to, or where they were. He was of the human flotsam and jetsam of those days, disappeared, and was never afterward heard of, either in Decorah or in this county.

"The county seat election had engendered ill feelings, and left scars that seemingly would not heal, and Decorah's fight was not yet over. Freeport, which had been settled by men of enterprise, knowing of the soreness of the disgruntled ones, saw an opportunity to obtain their aid, and surely expected to change the location of the county seat to that place.

"By the old law, in order to get a vote on the question of the relocation of the county seat, it was necessary to obtain an act of Legislature, authorizing such vote.

"At the election in the fall of 1854 the adherents of Freeport forced the issue on the election of the member of the Legislature. Decorah had a candidate and Freeport was represented by Hon. James D. McKay, who was overwhelmingly elected, and the friends of that locality were consequently jubilant. During the 1854-5 session of the Iowa Legislature Claiborn Day had occasion to visit Des Moines, and spent the time there during the session. He had good friends in the Legislature, among others the late Judge Ruben Noble, and before the session was over he had become personally acquainted with every member of the House and Senate, While it did not appear that he was endeavoring to work any member, his apartments were always open to all the influential members who cared to resort with their kindred spirits. Oyster suppers were the rule, with something on the side for those with a chronic thirst, to while away the time and drive dull care away after the arduous labors of the day. Someone would start something, sometimes the stakes were high and sometimes low, to suit the financial conditions of those engaged. It was near the end of the session when the residents of Freeport, becoming uneasy about the situation, sent a delegation consisting of B. O. Dahly and A. P. Leach to Des Moines to do missionary work for their cause. The speaking member of the delegation not being advised of the temperament of the members, or the conditions existing, made a red hot, stereotyped temperance oration, which did not find favor with the members, and acted as a wet blanket upon the river statesmen.

"When the vote was called and recorded it showed a large majority against ordering an election to change the county seat from Decorah. You can imagine the surprise, chagrin and disappointment of the member from Winneshiek county! he was, in fact, a broken-hearted politician, with no excuse to offer to his constituents. However, a bill was passed to meet this and other similar cases, where there had been frequent strife elsewhere in the state, which authorized a relocation on petition of a majority of the electors, the number of voters at the proceding election being taken as a basis.

"In February, 1856, the Freeport adherents, smarting under the Legislature defeat, presented to Judge David Reed a petition for an election, signed by a majority of the previous election which showed 420 voters.

PAST AND PRESENT OF WINNESHIEK COUNTY

80

"It was known that Judge Reed was a firm friend of Decorah, an honest man with a good idea of right and wrong, to which might be added the qualifications of a good fellow, much more than a familiarity with Blackstone or Kent.

"To meet this petition, a remonstrance was formulated, which, after it had been signed by all the friends of Decorah that could be reached through the local pride, promises, bribes or cajolery, was taken by Day to Fort Atkinson, where there was a resident, at that time, who was expert with the pen (said to be a Canadian), who made signatures thereon for a part of the day and most of the night, signing all the names he could think of, in different colored inks, many copied from 'Wild Cat' bills, others from bank notes, old deeds, or bonds, with occasionally an inscription from a tombstone in Northern New York or Canada. When completed the remonstrance contained about 800 names written on foolscap paper, pasted together at the ends, making a very imposing roll nearly forty feet in length. History states that Wm. Painter was offered the flattering and honorable position of presenting the remonstrance, and swearing, so far as he knew, the signers were residents of the county. And, so far as he knew, they were, without a doubt. It is history, too, that the case was argued, Levi Bullis appearing for the petitioners and E.E. Cooley appearing for the remonstrants.

"After the arguments were heard, Judge Reed carefully examined the petition for an election. On being handed the remonstrance he commenced to unroll and examine the signatures of his neighbors and friends that were familiar to him, with more in sight, and kept unrolling until he reached the wall of the room, and then had to turn. After a mature deliberation the learned Judge decided that the 'remonstrance appeared to have a large majority, almost two to one, I should judge, and I therefore decide to grant no election.'

"Freeport, ever tenacious, was not satisfied and again in July of the same year appeared with another petition, asking for the election, which was met by the same tactics as on the previous occasion, and suffered the same fate, and the matter was finally settled on a writ of certiorari by the decision of Judge Murdock, of the District Court, affirming the decision of the county court.

"The following year the building of the Court House was commenced, and this contest was forever ended."

Decorah has since remained in undisputed possession of the county seat, but not without being given a scare by Calmar in 1898, when a proposition was placed before the people to vote funds to erect a new courthouse. Calmar citizens subscribed $25,000 to build a courthouse if the county seat was transferred to their town, but the proposition failed to get a vote. It has always been contended by the knowing ones that Calmar's activity at that time started as a joke. However that may be, it was not so regarded by a majority of those outside the two towns most vitally interested.

With the organization of the county completed there naturally followed a sub-division into townships. This was not done at once, however. The first election after the organizing election was held in April, 1852, and by order of court the polling places were designated as follows:

Precinct No. 1, at house of Wm. Day, Decorah.
Precinct No.2, at house of Francis Rogers, Lewiston.
Precinct No.3, at the house of John DeCou, Moneek.

PAST AND PRESENT OF WINNESHIEK COUNTY

83

Referring to Alexander's History of Winneshiek County, we find that in July following "the division line between precincts 2 and 3 was changed and made to run between ranges 7 and 8," thus throwing, as the record says, one more tier of townships into the third precinct. From this I infer that the third precinct originally consisted of what is now known as Bloomfield and Frankville townships, and was six miles wide, east and west, and twelve long. Precinct No.2 covered three times as much territory, and was eighteen miles wide, and twelve long. This left all the remainder of the county in precinct No. I. March 1, 1853, the latter was so divided up as to make what is now Canoe, Bluff ton and Orleans townships, with the townships north of them, precinct No.4. February 5, 1854, what are now Military and Springfield were divided from Washington (now named for the first time) and created township (not precinct) No.5.

"March 6, 1854, township 98, range 7, was separated from 'Decorah Precinct,' and was called township No.6. It is now known as Glenwood.

"March 11, 1855, 'Burr Oak Precinct' was divided, and the entire tier on the north line of the county was called Burr Oak. The remaining part of the precinct was named Canoe. At the same session of the county court, township 99, range 10, was set off and given the name of Pilot Grove.

"On the tax list of 1855, proper names are given to each of these precincts. Precinct No. I had become Decorah, Glenwood, Canoe, Burr Oak and Pilot Grove; township No.2 appears as Bloomfield and Summit (now Frankville) , and No.3 had been divided into Military and Washington; but no record other than I have quoted appears upon the court minutes as to these and subsequent changes. According to the tax lists, in 1856 Pleasant township took its name and place, in 1858 Summit had become Frankville, and Pilot Grove, Orleans; Springfield had been separated from Military, Calmar and Sumner from Washington, and Hesper and Fremont from Burr Oak. In 1860 Madison was taken from Decorah, and Highland divided from Pleasant; and in 1862 the symmetry of all the townships was completed by the division of Lincoln from Sumner, and Jackson from Washington."

It will be noted that the early designation of these townships was by precinct number. The records do not disclose the use of names for townships until 1854.

Mardos Memorial Library

More Historical Books online

This nonprofit research site is an independent affiliate of the American History and Genealogy Project (AHGP), and proud to be hosted by USGenNet, a nonprofit historical and genealogical Safe-Site Server™ solely supported by tax-deductible contributions. No claim is made to the copyrights of individual submitters, and this site complies fully with USGenNet's Nonprofit Conditions of Use

Copyright © 2000 - 2002 D. J. Coover All Rights Reserved Webmaster: D. J. Coover - ustphistor@usgennet.org